Brazilian Arbitration Law: In Need of a Facelift?
…of the Arbitration Law with the amendments of the Civil Code of 2002 and the reform of the judiciary system in 2004. However, the actual need to amend the Brazilian…
Search Results for: UNCITRAL reform
The Paris Arbitration Rules: A New Generation of Rules?
…present themselves as an alternative to the UNCITRAL rules, often considered as too heavy and as such, not satisfactory for the Parties. In light of the ever growing dissatisfaction of…
Anti-arbitration, Appeal, Arbitration, CAFTA, Domestic Courts, Legal Practice, National Arbitration Laws
El Salvador becomes an anti-arbitration jurisdiction?
…in the country or most commonly between companies doing business with the central government. The law was greatly modeled after the UNCITRAL model law of 1985 and like most arbitration…
Legislative Proposal to Modernize Dutch Arbitration Law Submitted to Parliament
…proposed revision of the Dutch 1986 arbitration law is intended to fully reflect the most important provisions of the UNCITRAL Model Law, as revised in 2006. The proposed amendments are…
In Someone Else’s Shoes: Are the Investor’s Rights His Own or Those of the Home State?
…para. 44; Gas Natural SDG, S.A. v. Argentina, ICSID Case No. ARB/03/10, Decision on Jurisdiction, June 17, 2005, para. 34; BG Group Plc. v. Argentina (UNCITRAL Arbitration Rules) Final Award,…
Domestic law, Enforcement, International arbitration, Jurisdiction, kompetenz-kompetenz, New York Convention
New Romanian Arbitration Law: what is really new?
…which are consistent with the UNCITRAL Model Law, the new CCP brings a number of notable changes. Some of these changes are very positive and will most certainly help develop…
LIABILITY OF COUNSEL IN INTERNATIONAL ARBITRATION: Any Changes?
A week ago today, it was my privilege to participate in the annual UNCITRAL/VIAC/YAAP Joint Conference, addressing hot topics in international arbitration. The conference successfully considered many key topics, including…
ACHMEA II – Seizing Arbitral Tribunals to Prevent Likely Future Expropriations: Is it an Option?
On February 6, 2013, Achmea (a Dutch insurer, better known by its former name, Eureko) initiated UNCITRAL arbitration proceedings against the Slovak Republic on the basis of the Agreement on…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, International arbitration, National Arbitration Laws, New York Convention, UNCITRAL Model Law
Request for Comments
…in particular the New York Convention, UNCITRAL Model Law and national arbitration legislation in all leading jurisdictions and international arbitration practice. The treatise in divided into three principal Parts, covering…
Finality Confirmed, Constitutionality Upheld: Major Victory for International Arbitration Community in Australia
…of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). Article 35 of the Model Law provides that “[a]n arbitral award, irrespective of the country in which it was…
BIT, ICSID Convention, International Law, Investment, Investment agreements, Investment Arbitration, Investment protection, Jurisdiction, Treaty Shopping
Drawing a Line: Corporate Restructuring and Treaty Shopping in ICSID Arbitration
…is exactly encouragement of investment. (See CME Czech Republic B.V. (The Netherlands) v. The Czech Republic, Partial Award of 13 September 2001 (UNCITRAL Arbitration Proceedings) at para. 419; cf. Mobil…
Arbitration, Arbitration Act, Domestic Courts, Domestic law, Enforcement, Europe, Evidence, Interim Orders
State Court Assistance Moving Forward in Portugal?
…this provision is obviously article 27 of the UNCITRAL Model Law. In what concerns the request for court assistance in taking evidence, article 27 of the UNCITRAL Model Law establishes…
Appeal, Arbitration Awards, Asia-Pacific, China, Costs, Hong Kong, Set aside an arbitral award, UNCITRAL Model Law
Hong Kong Court of Final Appeal refuses leave to appeal in the Grand Pacific v. Pacific China case
…that these alleged procedural irregularities were in breach of Article 34(2) of the UNCITRAL Model Law, which sets out the grounds on which arbitral Awards may be set-aside (like many…
Book Reviews – Top Three for Winter
…position were adopted by U.S. courts, it would effectively subject annulment of awards made in the United States to the same grounds as those applicable in UNCITRAL Model Law jurisdictions….
Foreign Investment Law, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection
Notable 2012 policy developments in International Investment Protection
…agreements – including those arbitrated under the UNCITRAL or ad-hoc rules. However, the DG Trade encountered push-back from member-states, with several advocating for references to one or more national arbitration…
Annulment, Arbitration Institutions and Rules, Arbitration Proceedings, arbitrators’ conduct, Damages, ICSID Convention, Investment Arbitration
Arbitral, Not Arbitrary – Part I: Limits to Arbitral Discretion in ICSID Arbitration
…further participating in the proceedings. The other two arbitrators had to interpret the provisions of the UNCITRAL Arbitration Rules and reached the conclusion that a truncated tribunal can proceed to…
Dubai – a hub for international arbitration?
…appear to be no immediate plans to implement it. The draft law is based on the UNCITRAL Model Law, but it also takes guidance from a number of principles from…
Asia-Pacific, Foreign Investment Law, Investment, Investment Arbitration, Investment protection, Legislation
A New Foreign Investment Law in Myanmar
…extended lease periods may even be further extended for investors investing in less developed and/or isolated regions. As Myanmar has recently implemented reform to allow its currency, the kyat, to…
Appointment of arbitrators, Arbitration Agreements, Arbitration Institutions and Rules, Asia-Pacific, Enforcement, Hong Kong, ICC Arbitration, Joinder, Set aside an arbitral award, Singapore International Arbitration Centre
Institutional Overreach? Institutional Arbitral Rules versus Parties’ Express Agreement
…parties” (Article 34(2)(a)(iv) of the 2006 UNCITRAL Model Law). Recognition and enforcement of the award may also be refused on similar grounds (Article 36(1)(a)(iv) of the 2006 UNCITRAL Model Law,…
CAFTA, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, NAFTA, Trans-Pacific Partnership
Brewing Storm over ISDR Clouds: Trans-Pacific Partnership Talks – Part II
…and civil society reform proposals, doubling down to try to expand both the substantive investor rules and the scope of ISDR. This does not bode well, neither for the TPP,…
A Response To The Critics Of “Profiting From Injustice”
…the past two decades, promoting new cases and investor-friendly rulings, and lobbying against reform. We also argued that the current investment arbitration regime is neither fair nor independent, but biased…
Dispute Resolution, Investment, Investment agreements, Investment Arbitration, Investment protection, Uncategorized
International Investment Law and Policy: Highlights from 2012
In the final days of 2012, I spent some time flipping back through the stories we’ve covered at Investment Arbitration Reporter, looking to identify the year’s most notable developments. I’ve…
Arbitration, Asia-Pacific, Domestic Courts, Domestic law, Enforcement, Set aside an arbitral award, Set aside an international arbitral award, Uncategorized
Arbitration and Administrative Law – When Two Worlds Collide
…their case, was described by UNCITRAL in 1985 as the “Magna Carta of Arbitral Procedure”. Yet the Model Law does not in Articles 34 and 36 give an unfettered right…
Latest Developments Concerning European Bilateral Investment Treaties
…precisely been advanced by the Czech Republic in Eastern Sugar v. Czech Republic (Eastern Sugar B.V. v. The Czech Republic, SCC No. 008/2004, UNCITRAL (Partial Award of 27 March 2007)…